Ariong murder: 'Suspect has a case to answer'

By Betty Amamukirori & Farooq Kasule

 The Kampala High Court has ruled that Edison Waako, a suspect in the murder case of the Assistant Superintendent of Police (ASP), John Micheal Ariong, has a case to answer.

“Am very conversant that the evidence tendered in by prosecution is enough to make the accused have a case to answer,” declared Judge Elizabeth Alividza.

She said the accused man has a right to keep quiet and allow court to base its judgment on prosecution case, or make his defense either by calling witnesses or make a personal defense.

He can also make an unsworn statement that will not be examined by the state.

This was after state prosecutor Florence Akello and the investigative officer, detective Sergeant Magara (attached to Special Investigations Division, Kireka) confirmed to court that they were done with the prosecution case.

Waako was arrested and charged with murder of the officer alongside Catherine Dembe , Robert Kavuma, Yoweri Kintu, Malik Nsubuga,Harold Kaija, Mohammed Sebugwawo, Ismail Kiirya, Abdul Mutwalib Kayondo, Halima Nakitende and Twalib Kakande.

Nakawa Court later acquitted his co-accused after prosecution failed to adduce incriminating evidence against them.

‘Moderately strong genetic evidence’

According to prosecution, ASP Ariong died in March 2012 while being rushed to Mulago hospital after a mark span hurled from a top a construction site near Mini Price on Ben Kiwanuka Street struck his head, causing fatal damage to the brain.

This was during a protest organized by opposition politicians including former Forum for Democratic Change (FDC) leader, Dr. Kizza Besigye, Lord Mayor Erias Lukwago, Mubarak Munyagwa and Ingrid Turinawe.

Prosecutor Akello said that on that day, the leaders and other politicians while on a road inspection attracted a big crowd of people who followed them towards a route that had not been authorized for the procession.

As police tried to block them, they became violent and started pelting stones at the police. It was during the course of the scuffle that Ariong was allegedly hit on the head by Waako who later bragged about it to his friends.

The last prosecution witnesses, a principal government analyst and the head of DNA laboratory, Geoffrey Onen said that there is a moderate possibility that Waako actually killed Ariong.

“There is moderately strong genetic evidence that the suspect is the donor of the biological material found on the mark span that hit the deceased,” he told court.

He said that, when he compared the partial DNA he got from the mark span with that of the suspect, it matched.

Meanwhile the judge has adjourned the case until May 18 for hearing of the defense case. The defense is represented by Ssali Ssenkeezi.